Legal Opinion

Brewer v. Brewer

Supreme Court of Alabama

Decided June 15, 1851PublishedCited by 17 opinions

Error to the Chancery Court of Sumter- Tried before ¡the Hon. J. W. Lesesne. Thomas J. Brewer filed his bill against George W. Brewer .•and Benjamin F. Logan in the Chancery Court at Livingston. The bill alleges that in 1834 the complainant was in possession -of a certain quarter section of land to which he had a pre-emption right; that being unable to pay the entrance money, his brother Gee. W. Brewer agreed to pay it for Mm, .and let him .redeem it when able; that Geo.

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Error to the Chancery Court of Sumter- Tried before ¡the Hon. J. W. Lesesne. Thomas J. Brewer filed his bill against George W. Brewer .•and Benjamin F. Logan in the Chancery Court at Livingston. The bill alleges that in 1834 the complainant was in possession -of a certain quarter section of land to which he had a pre-emption right; that being unable to pay the entrance money, his brother Gee. W. Brewer agreed to pay it for Mm, .and let him .redeem it when able; that Geo. W. accordingly paid the entrance money and took a patent in his own name, as assignee of .complainant ; that ,in 1835,…

1Opinion of the CourtDargan, C. J.

Thomas J. Brewer being entitled to A pre-emption right to the north-west quarter of- section twenty-©IÍ6,- township eighteen,- range one,- west, according to the laws of Congress, did, in the year 1834,-make proof of his claim to the register and receiver of the land office at Demopolis, who issued to him a pre-emption certificate in the usual form.- But the said Thomas J. being unable to pay the government the purchase money, George W.-Brewer,-his brother,-advanced the same, and 'the'complainant assigned to him-the certificate,- A-patent for *487the land was subsequently issued’tO George W. as…

2Cases cited4 opinions

  1. Varick v. BriggsNew York Court of Chancery · 1837
  2. Smith & Co. v. ZurcherSupreme Court of Alabama · 1846
  3. Cummings' Heirs v. Gill's HeirsSupreme Court of Alabama · 1844
  4. Meredith v. NaishSupreme Court of Alabama · 1830

3Cited by17 opinions

  1. Ivy v. HoodSupreme Court of Alabama · 1918
  2. Mahone v. WilliamsSupreme Court of Alabama · 1863
  3. Formby v. WilliamsSupreme Court of Alabama · 1919
  4. Cooper v. HornsbySupreme Court of Alabama · 1881
  5. Goodlett v. HansellSupreme Court of Alabama · 1880

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